Can I keep a passive financial investment company?

Yes. Generally speaking, you can keep a passive financial investment company while participating in the EB-5 program, as long as it operates without requiring your active day-to-day management and does not interfere with the program requirements.

The EB-5 is a green card path through investment, focused on job creation and the fact that capital must be at risk, meaning committed to the development of the enterprise. When the investment is made through a Regional Center, the requirement for direct investor involvement in management tends to be lower, which typically accommodates those who maintain other passive investments.

A few points deserve attention:

• The passive company must comply with the laws of your home country and the United States, without conflicting with EB-5 rules.
• The funds invested in the EB-5 project must come from lawful and documented sources, independent of that company when it is not connected to the job-creating enterprise.
• Keep documentation that proves the investment structure, the source of funds, and the capital at risk.

Since each situation has its own specifics, it is worth verifying the updated requirements with USCIS and reviewing your case with a specialist before structuring the investment.

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Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.